Regulations for Aboveground Petroleum Storage Tank Facilities

As the Certified Unified Program Agency (CUPA) for Stanislaus County, the Hazardous Materials Division is authorized to ensure that businesses which are impacted by the State Aboveground Storage Tank regulations have a Spill Prevention Control and Countermeasure Plan in place. Attached are the guidelines for complying with the State of California Aboveground Petroleum Storage Act (Act), approved effective January 1, 1990. The regulations contained in the Act are in conformance with the Federal regulations promulgated by the Environmental Protection Agency (EPA) under the authority of the Federal Water Pollution Control Act (FWPCA) as defined in Title 40, Code of Federal Regulations, Part 112 (40 CFR, Part 112). Under the FWPCA, Federal agencies are also required to comply with State and local regulations with respect to oil pollution prevention. The AST program in California is under the jurisdiction of the State Water Resources Control Board and nine Regional Water Quality Control Boards.

Applicable Occupational Safety and Health Administration (OSHA) and Uniform Fire Code (UFC) requirements are listed below (OSHA regulations as defined in Title 29, Code of Federal Regulations, Part 1910 (29 CFR, Part 1910) and the UFC with respect to aboveground storage tank (AST) facilities that are used for petroleum storage). The State Fire Marshall is authorized to administer and enforce the UFC regulations and in California this authority has been delegated to the local Fire Marshall.

All aboveground petroleum storage tank facilities with a single tank capacity greater than 1,320 gallons or with a cumulative storage capacity of 1,320 gallons stored in containers of 55 gallons or greater, due to their location, could reasonably be expected to discharge oil in harmful quantities into or upon the navigable waters of the United States or adjoining shorelines are subject to the Act. The term "navigable waters", as defined in the FWPCA, has been very broadly interpreted by EPA and the courts. Navigable waters include: territorial seas, lakes, rivers, streams, intermittent streams, wetlands, and prairie potholes. Tributaries of such waters are also included, as are other conveyances that lead to navigable waters. Thus almost every waterway, even if extremely small, could be considered one of the "navigable waters."

The State Water Resources Control Board, with EPA concurrence, has determined that ANY aboveground petroleum storage tank in California has a reasonable possibility of discharging to a navigable water.

• Above Ground Tank Inspection Form  [PDF]

UFC and OSHA Requirements for aboveground storage tanks

1. Tank approved by Underwriters Laboratories, Inc. (UL) for storage of flammable and combustible liquids. (UFC 7902.1.8.2.1, Article 90, Standard u.1.7)
2. Tank strength tested by either the American Society of Mechanical Engineers, American Petroleum Institute, or the UL. (29 CFR 1910.106(b)(7))
3. Equipped with spill containment on the fill pipe. Spill containers shall have a capacity of not less than 5 gallons and be equipped with a manual drain valve which drains into the primary tank. (UFC 5202.3.1, App. II-F, Sec. 5.7)
4. Equipped with a high liquid level alarm with an audible or visual signal at 85% tank capacity or a liquid level gage. (UFC 5202.3.1, App. II-F, Sec. 5.5) (40 CFR 112.7(e)(2)(viii)(A) and (E))
5. Equipped with a positive shutoff valve at 90% tank capacity. (UFC 5202.3.1, App. II-F, Sec. 5.5) (40 CFR 112.7(e)(2)(viii)(B))
6. Equipped with an emergency relief vent. (UFC 7902.2.6)
7. Equipped with a normal vent at least as large as the filling or withdrawal connection, whichever is larger, but in no case less than 1 1/4-inch nominal inside diameter. Vent shall be equipped with piping that extends 12-feet above grade and a flame arrester. (UFC 7902.1.10.3) (29 CFR 1910.106(b)(2)(iv)(b), (iv)(f), and (vi)(b)
8. Equipped with a dispensing device that is UL-listed for flammable liquids (i.e. gasoline). (29 CFR 1910.106(g)(3)(iv)(b)(1)
9. Tank openings are only allowed through the top of the tank. This includes the opening for the discharge piping. (UFC 5202.4.1, App. II-F, Sec. 6.2)
10. Provide earthquake protection. For commercially purchased tanks the manufacturer's recommendations should be followed. (UFC 7902.1.9)
11. Provide vehicle impact protection. Guard posts shall be located not less than 5 feet from the tank, spaced no more than 4 feet on center, not less than 3 feet in height, constructed of not less than 4-inch diameter steel, and concrete filled. (UFC 5202.4.1, App. II-F, Sec. 5.4)
12. Equipped with an emergency shut-off switch located within 75 feet of, but not less than 25 feet from the fuel dispenser. The switch shall be labeled EMERGENCY FUEL SHUTDOWN DEVICE. (UFC 5201.5.3) (29 CFR 1910.106(g)(3)(iii))
13. The distance between two storage tanks containing flammable or combustible liquids must be at least three feet. Tanks shall be located at least 15 feet from property lines and at least 5 feet from buildings or public ways. (UFC Tables 7902.2.F and G) (29 CFR 1910.106(b)(2)(ii)
14. Tanks must be labeled to identify the contents. (UFC 7902.1.3.2)
15. The UFC requires a permit from the local Fire Marshall and submittal of an operation plan to store, handle, or use more than 10 gallons of Class I liquids at an outside location, or 60 gallons of Class II or III liquids outside, except flammable and combustible liquids stored in a fuel tank on a motor vehicle. (UFC Secs. 7901.3, 105.8.f.3.2, and 105.8.f.3.3). UFC Sec. 5202.4.1, App. II-F, Sec. 3, describes the permit and plans application requirements and the information that must be submitted with the application.

Before purchasing, installing, or retrofitting an existing tank the local Fire Marshall and the California Air Resources Board should be contacted for any site specific restrictions. In some locations you may be able to obtain a written waiver of certain UFC requirements.

There are several commercial tank systems available that meet the requirements of the ACT, and the OSHA and UFC regulations. Many of these tanks are also available with optional equipment to meet any California Air Resources Board requirements for vapor recovery . Serious consideration should be given to purchasing one of these self contained units when constructing a new tank facility or to bring an existing tank facility into compliance. Many of these tanks are on the GSA schedule.

When AST's are abandoned, temporarily taken out-of-service, or removed the applicable Federal, State, and local regulations must also be followed. UFC regulations require all AST's not used for a period of 90 days to have all liquids removed from the tank, all piping capped or plugged and secured against tampering, and the vent lines open and properly maintained. AST's that are out of service for one year or more must be removed from the property.

AGT Monitoring Program

H&SC section 25270.7 - The owner or operator of a tank facility shall establish and maintain a monitoring program pursuant to subdivision (1) or (2), as applicable, which shall be approved by the regional board, to detect releases to the soil and water, including both groundwater and surface water. The owner or operator shall establish the required monitoring program in accordance with the requirements and a schedule prescribed by the regional board. The owner or operator subject to this section shall designate a schedule for monitoring and the sample locations, which shall be approved by the regional board. The owner or operator shall make the monitoring results available to the regional board & the Dept. of Fish and Game.

Additional Information About Aboveground Storage Tank Requirements

View Contacts or
the Regional Water Quality Control Board:

Central Valley Regional Water Quality Control Board
3443 Routier Road, Suite A
Sacramento CA 95827-3015
Phone: (916) 255-3000
Fax: (916) 255-3015